CRIMINAL TRESPASS

Section 441 - Criminal trespass Whoever enters

into or upon property in the possession of another
with intent to commit an offence or to intimidate,
insult or annoy any person in possession of such
property, or having lawfully entered into or upon
such property, unlawfully remains there with intent
thereby to intimidate, insult or annoy any such
person, or with intent to commit an offence, is said
to commit "criminal trespass".
The essential ingredients of criminal trespass are:
1. There must be unauthorized entry into or upon
another’s property against the will of the person in the
possession; or
2. An authorized entry lawfully obtained but unlawfully
remaining therein; and
3. Such entry or unlawful stay must be with an intention;
a. To commit an offence or
B. To intimidate, insult or annoy the person in possession
of the property.
Section 447 - Punishment for criminal trespass
Whoever commits criminal trespass shall be
punished with imprisonment of either
description for a term which may extend to
three months, with fine or which may extend to
five hundred rupees, or with both.
Section 442 - House trespass Whoever commits
criminal trespass by entering into or remaining
in any building, tent or vessel used as a human
dwelling or any building used as a place for
worship, or as a place for the custody of
property, is said to commit "house-trespass".
Explanation.--The introduction of any part of the
criminal trespasser's body is entering sufficient
to constitute house-trespass.
Section 443 - Lurking house-trespass Whoever
commits house-trespass having taken
precautions to conceal such house-trespass
from some person who has a right to exclude or
eject the trespasser from the building, tent or
vessel which is the subject of the trespass, is
said to commit "lurking housetrespass
Section 444 - Lurking house-trespass by night
Whoever commits lurking house-trespass after
sunset and before sunrise, is said to commit
"lurking house-trespass by night"
Section 445 - House breaking A person is said to commit "house-breaking" who
commits house-trespass if he effects his entrance into the house or any part of it in
any of the six ways hereinafter described; or if, being in the house or any part of it
for the purpose of committing an offence, or, having committed an offence therein,
he quits the house or any part of it in any of such six ways, that is to say:--
First.--If he enters or quits through a passage by himself, or by any abettor of the
house-trespass, in order to the committing of the house-trespass.
Secondly.--If he enters or quits through any passage not intended by any person,
other than himself or an abeltor of the offence, for human entrance; or through
any passage to which he has obtained access by scaling or climbing over any wall or
building.
Thirdly.--If he enters or quits through any passage which he or any abettor of the
house-trespass has opened, in order to the committing of the house-trespass by
any means by which that passage was not intended by the occupier of the house to
be opened.
Fourthly.--If he enters or quits by opening any lock in order to the
committing of the house-trespass, or in order 10 the quitting of the
house after a house-trespass.
Fifthly.--If he effects his entrance or departure by using criminal force
or committing an assault or by threatening any person with assault.
Sixthly.--If he enters or quits by any passage which he knows to have
been fastened against such entrance or departure, and to have been
unfastened by himself or by an abettor of the house-trespass.
Explanation.--Any out-house or building occupied with a house, and
between which and such house there is an immediate internal
communication, is part of the house within the meaning of this section.
 Illustrations
(a) A commits house-trespass by making a hole through the wall of
Z's house, and putting his hand through the aperture. This is house-
breaking.
(b) A commits house-trespass by creeping into a ship at a port-hole
between decks. This is house-breaking.
(c) A commits house-trespass by entering Z's house through a
window. This is house-breaking.
(d) A commits house-trespass by entering Z's house through the door,
having opened a door which was fastened. This is housebreaking.
(e) A commits house-trespass by entering Z's house through the door,
having lifted a latch by putting a wire through a hole in the door. This
is house-breaking.
(f) A finds the key of Z's house door, which Z had lost, and
commits house-trespass by entering Z's house, having
opened the door with that key. This is house-breaking.
(g) Z is standing in his doorway. A forces a passage by
knocking Z down, and commits house-trespass by entering
the house. This is house-breaking.
(h) Z, the door-keeper of Y, is standing in Y's doorway. A
commits house-trespass by entering the house, having
deterred Z from opposing him by threatening to beat him.
This is house-breaking.